Ex parte SCHOEPE - Page 7




          Appeal No. 1997-2508                                                        
          Application 08/329,463                                                      


          have been obvious to one having ordinary skill in the art,                  
          from a combined assessment of the applied teachings, to                     
          provide three of the two piece interfitting housings (frames)               
          with diametrically opposed permanent magnet structures 60, 62               
          disclosed by Menold (Fig. 5), clamped about and along the pipe              
          72.  In our opinion, the suggestion for this modification                   
          would have been derived by one having ordinary skill from the               
          overall teaching of Eggerichs, i.e., it would have been                     
          appreciated by one versed in the art that the alternative                   
          application of additional frames as taught by Eggerichs (Fig.               
          3) would enhance the application and effect of the magnetic                 
          field.  Our view is consistent with the teaching by Eggerichs               
          of the known alternatives of one (Fig. 1) or more (Fig. 3)                  
          magnetic sources.  For the above reasons, claims 4 and 6 are                
          determined to be unpatentable under 35 U.S.C. § 103. The                    
          conclusion of obviousness is reached relative to the content                
          of claim 5 in light of the suggestion therefor derived from                 
          the aforementioned two piece housing (frame) configuration of               
          Menold.                                                                     


               The argument advanced by appellant in both the main and                
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